HomeMy WebLinkAboutPlanning Comm Reports /2006/09/13
AGENDA
MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, September 13, 2006
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL/MOTIONS TO EXCUSE:
Planning Commission: Felber_ Vinson_ Moctezuma_ Bensoussan_ Tripp_ Clayton_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE:
APPROVAL OF MINUTES:
August9,2006
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any subject
matter within the Commissions' jurisdiction but not an item on today's agenda. Each speaker's
presentation may not exceed three minutes.
1. Public Hearing: Consideration of adoption of the 2005-2010 Housing Element of the City
General Plan.
RESOLUTION (GPA 06-01 B) OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING
ELEMENT UPDATE OF THE GENERAL PLAN IN COMPLIANCE WITH
GOVERNMENT CODE SECTION 65585.1
Pursuant to State Law, the City of Chula Vista has prepared a Housing Element
that covers the period of July 1, 2005 through June 30, 2010. The Housing
Element is an important planning tool of the City that: (a) analyzes the City's
present and projected housing needs; (b) identifies potential constraints and
opportunities to meeting the City's housing needs; and (c) sets policy goals and
objectives for meeting the City's housing goals and needs during the 2005-2010
period.
Project Manager: Leilani Hines, Senior Community Development Specialist
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a regular Planning Commission meeting on September 27,2006.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who
require special accommodations to access, attend, and/or participate in a City meeting, activity, or service,
request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled
services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or
Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for
the hearing impaired.
Minutes of the
Planning Commission of the
City of Chula Vista, California
6:00 p.m.
August 9, 2006
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER:
ROLL CALL:
Present:
Absent:
Felber, Moctezuma, Vinson, Tripp, Clayton
Bensoussan
Staff:
Jim Hare, Assistant Planning Director
Jeff Steichen, Associate Planner
Elisa Cusato, Deputy City Attorney III
APPROVAL OF MINUTES:
July 26, 2006
MSC (MoctezumaNinson) (5-0-0-1) to approve minutes of July 26, 2006 as
submitted. Motion carried.
ORAL COMMUNICATIONS:
No public input.
1. Public Hearing:
PCC 05-44; Consideration of a Conditional Use
Permit to allow the expansion of existing mini
mart and addition of a carwash to an existing
service station located within the Terra Nova
shopping center at 350 East H Street.
Staff recommends that public hearing be continued to September 27,2006.
MSC (Felber/Tripp) (5-0-0-1) that public hearing be continued to September 27,
2006. Motion carried.
2. Public hearing:
PCC 05-24; Six-month review of Conditional Use
Permit to operate a nighttime trucking facility at
120 Press Lane. G.\. Trucking.
Planning Commission Minutes
- 2 -
August 9,2006
18:39:33 Background: Jeff Steichen reported that on December 14, 2005 the Planning
Commission approved Conditional Use Permit PCC 05-24 modifying a previously-
imposed condition requiring south-facing doors to be closed during nighttime hours.
The modification allows a 24-hour operation. No increase in truck traffic was
anticipated and expanded access to the south doc bays would allow the facility to
operate in a more efficient manner by reducing existing trailer movement.
Due to concern from residents living to the south of the project site, the Commission
imposed a condition limiting the amount of nighttime truck activity level as well as
requiring a report to come back to the Commission within 6 months with a review of
truck activity and any impacts to the surrounding area.
Staff Recommendation: Based on the evidence presented by the applicant and
the fact that City staff has not received complaints about the daytime or nighttime
trucking operation, staff recommends that the Planning Commission adopt the
resolution accepting the report and deem Condition 1-2 complete and satisfied.
Commission Comments:
18:42:24 Cmr. Felber inquired what recourse the City would have if the applicant failed to
continue operating his business within the parameters previously set.
Mr. Steichen responded that as with any other Conditional Use Permit, if they are
non-compliant or complaints are lodged, staff can always bring it back to the
Planning Commission for review, and if deemed necessary, the CUP could be
revoked.
18:43:44 Angela Maidman, Director of Real Estate and Economic Development stated that
they've worked diligently with staff and have been submitting monthly reports over
this past six-month period to ensure that they are compliant and being a good
neighbor.
18:46:14 Craig Buecher, General Manager, G.!. Trucking, 120 Press Lane, Chula Vista,
stated he is very pleased with the progress of the entire operation as a result of
applying best practice techniques in their operation, as well as complying with the
conditions of approval of the CUP and being a good neighbor. He thanked the
Commission for their time and consideration of the report.
Cmr. Felber suggested that perhaps it would be advantageous to the applicant to be
proactive in either posting or disseminating information to area residents informing
them to contact management should any concerns arise or noise levels increase
sometime in the future.
18:54:10 Cmr. Tripp inquired if the 20 trips per hour condition provided enough latitude for
future growth or increase in trips.
Planning Commission Minutes
- 3 -
August 9,2006
Ms. Maidman responded that the 20 trips per hour provided sufficient latitude for
growth and worked well into their work program.
Cmr. Tripp also asked how they felt about coming back periodically for review, as they
did tonight.
Ms. Maidman stated that already existing regulations for Conditional Use Permits allow
for that type of review should any concerns arise.
MSC (Tripp/Moctezuma) (5-0-0-1) that the Planning Commission adopt the
resolution accepting the report and deem Condition 1-2 complete and satisfied.
Motion carried.
18:58:19 3. Order of Business.
. Appointment of Planning Commission representative to the Growth
Management Oversight Commission.
Cmr. Tripp nominated Joan Clayton to serve as the Planning Commission
representative to GMOC.
Assistant Director Hare read into the record an email submitted by Cmr.
Bensoussan (who is out of the country) via the Mayor's office, expressing her
desire to be considered as a nominee to serve on the Growth Management
Oversight Commission.
MSC (TrippNinson) (5-0-0-1) designating Cmr. Clayton as the Planning
Commission representative to GMOC for FY 06-07. Motion carried.
. Appointment of Planning Commission representative to the
Redevelopment Advisory Committee.
Cmr. Moctezuma nominated Bryan Felber to serve as the Planning Commission
representative on the Redevelopment Advisory Committee.
MSC (Moctezuma/Tripp) (5-0-0-1) designating Bryan Felber as the Planning
Commission representative on the Redevelopment Advisory Committee.
Motion carried.
Cmr. Felber nominated Cmr. Tripp as the alternate representative to the
Redevelopment Advisory Committee.
Planning Commission Minutes
-4-
August 9, 2006
MSC (Felber/Clayton) (5-0-0-1) designating Bill Tripp as the Planning
Commission alternate representative to the Redevelopment Advisory
Committee. Motion carried.
Commission Comments:
19:07:05 Cmr. Felber inquired on the status of the check-cashing ordinance.
Jim Hare stated that staff has continued to meet and dialogue with industry reps.
Presently staff is looking into making some policy changes, such as allowing check
cashing establishments by right, with restrictions; Planning staff and the City Attorney's
Office are undergoing researching case law on this matter.
19:12:27 Meeting adjourned to the next Planning Commission meeting on August 23,2006.
Submitted by:
Diana Vargas
Secretary to the Planning Commission
PLANNING COMMISSION AGENDA STATEMENT
Item: 1
Meeting Date: 9/13/06
Public Hearing:
Consideration of adoption of the 2005-2010 Housing Element of the
City General Plan.
RESOLUTION (GPA 06-01 B) OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A NEGATIVE DECLARATION (IS-06-023)ANDTHE
2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN IN
COMPLIANCE WITH GOVERNMENT CODE SECTION 65585.1
BACKGROUND
As required under California Government Code Section 65585.1, the City of Chula Vista has
prepared a draft update of the Housing Element that covers the period of July 1, 2005 through
June 30, 2010. The Housing Element is an important planning tool ofthe City that: (a) analyzes
the City's present and projected housing needs; (b) identifies potential constraints and
opportunities to meeting the City's housing needs; and (c) sets policy goals and objectives for
meeting the City's housing goals and needs during the 2005-2010 period.
The Planning Commission previously reviewed the Draft Housing Element on April 19, 2006.
On May 2, 2006, the City Council authorized the circulation of the Draft Housing Element
Update to the public and the State of California Department of Housing and Community
Development (HCD) for required reviews. The City made the document available for review
by the public for 30 days beginning June 16,2006 through July 17, 2006. As a result of the
comments received from the public and HCD, the Draft Element was further revised as
appropriate, and the final draft is included as Attachment 1. To provide the Planning
Commission with adequate time for review the Element was provided under separate cover
on August 31, 2006.
RECOMMENDATION
That the Planning Commission approve Resolution GPA 06-01 B recommending the City
Council approve and adopt a negative declaration (15-06-023) and the Housing Element
Update for the 2005-2010 planning period.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, 15-
06-023, in accordance with CEQA Based upon the results of the Initial Study, the
Environmental Review Coordinator has determined that there is no substantial evidence, in
Page No.2, Item: 1
Meeting Date: 09/13/06
light of the whole record before the City of Chula Vista, that the project may have a
significant effect on the environment; therefore, the Environmental Review Coordinator has
prepared a Negative Declaration, IS-06-023 (Attachment 2).
BOARDS AND COMMISSIONS RECOMMENDATION
On August 21, 2006, the Resource Conservation Commission (RCC) determined that the
Negative Declaration for the Housing Element Update was adequate and recommended its
adoption.
On April 19, 2006, the Housing Advisory Commission approved the first draft of the
Housing Element, and is scheduled on September 20th to vote on a recommendation that the
City Council adopt the final draft of the Housing Element.
DISCUSSION
The California State Legislature has identified the attainment of a decent home and suitable
living environment for every Californian as the State's major housing goal. Recognizing the
important role of local planning and housing programs in the pursuit of this goal, the
Legislature has mandated that all cities and counties prepare a Housing Element as part of
the comprehensive General Plan.
Housinq Element Requirements
Pursuant to State Law, Chula Vista is required to prepare a Housing Element Update that
covers the period of July 1,2005 through June 30, 2010. The Housing Element includes the
following components:
· A review of the previous Element's goals, policies, programs, and
objectives to ascertain the effectiveness of each of these components, as
well as the overall effectiveness of the Housing Element;
· An assessment of housing needs and an inventory of resources and
constraints related to meeting these needs;
· An analysis of programs for the preservation of assisted housing
developments;
· A statement of community goals, quantified objectives and policies relative
to the maintenance, preservation, improvement and development of
housing; and,
· A policy program that provides a schedule of actions that the City should
undertake, or intends to undertake, in implementing the policy set forth in
the Housing Element Update.
Page No.3, Item: 1
Meeting Date: 09/13/06
State law requires that all cities and counties submit their Housing Elements to the State
Department of Housing and Community Development for a determination of substantial
compliance with State law. The Housing Element Update substantially complies with the
requirements of State Law, as summarized in Table 1 of the Element. A favorable response
letter from HCD is expected prior to City Council adoption.
Draft Housinq Element Update Format
The Chula Vista Housing Element Update is organized into four parts, including:
Introduction
Explains the purpose, process and contents of the Housing
Element
I. Issues &
Opportunities
Describes the key issues and opportunities identified from needs
assessment and the public participation process upon which the
update to the Housing Element should focus.
II. Policy &
Implementation Plan
Details specific policies and programs the City of Chula Vista will
carry out over the five-year period to address the City's housing
goals.
Specifies the number of households to be assisted and housing
units to be constructed, rehabilitated, conserved and preserved
through the adopted policies and programs.
Given the detailed and lengthy analysis in developing the Housing Element, supporting
background material is included in the appendices.
III. Quantified
Objectives
Key Issues
The City's rapid change and escalating housing market have raised concerns from both the
Chula Vista community and City elected officials. More specifically, two key housing issues
were identified to address in this Housing Element period:
(1) Given the shortfall and high cost of housing, the City must consider measures to
continue to preserve and expand affordable housing for both existing and future very
low, low and moderate income residents; and
(2) While revitalizing western Chula Vista will enliven and enhance the community and
provide for certain future housing needs, such efforts must be mindful of the
challenges and the impact of change on the existing rental housing stock and
residents.
The Policy and Implementation Plan of this Draft Housing Element Update, (see
Part II of the Element), aims to provide the City and the residential development community
with policy and program tools that address these issues. The City's efforts will be
concentrated in preserving and enhancing single family housing and neighborhoods,
Page No.4, Item: 1
Meeting Date: 09/13/06
promoting balanced and diverse housing, and looking at City government's role and
processes to facilitate a mix of residential development types.
Reoional Housino Needs Assessment
State Housing Element Law mandates that a jurisdiction must show that it has adequate sites
that will be made available through appropriate zoning and development standards and
with the required public services and facilities for a variety of housing types and incomes.
The projected need for housing used for this evaluation is defined as the City's share of the
region's housing needs for 2005-2010.
A Regional Housing Needs Assessment (RHNA) prepared by SANDAG in February 2005 for
the period beginning January 1, 2003 to June 30, 2010 (a 7 '/2 year period) identifies Chula
Vista's share of the region's housing needs as 17,224 new housing units. To determine the
regional housing needs for the 2005-2010 planning period, the needs are adjusted by the
actual number of units constructed from January 1, 2003 to June 30, 2005, a total of 5,916
housing units. Based upon this adjustment, Chula Vista's share of the regional housing need
for 2005-2010 is 11,307 housing units, with 58% allocated for lower income households.
As required by State Housing Law, the City must plan for its share of the region's new
housing needs in all four income categories by identifying an adequate supply of land zoned
at the appropriate density levels to accommodate each income category. The RHNA goals
do not represent a requirement for actual housing production, but rather seek to ensure the
City has, or plans to add, zoning and land capacity to accommodate new housing growth.
To address the City's needs for very low and low income housing, Chula Vista must
demonstrate that it has an adequate supply of land for higher density housing (30 or more
dwelling units per acre). Although zoning land for higher density development does not
guarantee the construction of housing that is affordable to low and moderate income
families, without such higher density zoning, the opportunity to use subsidies and implement
affordable housing programs for such families would not exist. Appendix C of the Housing
Element Update provides detail showing that the City has adequate sites to satisfy this
requirement.
Goals and Policies
The centerpiece of the Element is the Policy and Implementation Plan (Part II of the Element)
with goals, policies, and implementing programs to address the identified needs. In
developing the goals, objectives, policies, and programs described in this Plan, the City
assessed its housing needs, evaluated the performance of existing programs, and received
input from the community through participation in housing workshops. In substantial
compliance with the requirements of State law, the City will be striving to provide programs
to meet the current and future housing needs of all income levels of the community through
the following goals:
Goal 1: A Maintained and Enhanced Housing Stock and Neighborhoods;
Page No.5, Item: 1
Meeting Date: 09/13/06
Goal 2: Housing Opportunities that Meet the City's Diverse Needs; and,
Goal 3: Maximized Funding and Implementation of Services Vital to Community Housing
Needs.
To realize these goals, the Policy and Implementation Plan (Part II of the Element) details
objectives, policies, and implementing programs according to three major policy focus
areas: 1) Maintain and Enhance Housing and Residential Neighborhoods; 2) Balanced
and Diverse Housing Opportunities; and, 3) Government Role and Process. While the plan
covers a broad array of housing issues that are applicable Citywide, the emphasis of the
2005-2010 Policy and Implementation Plan is on actions enabling the City to maintain and
increase housing opportunities affordable to very low, low, and moderate income
households, particularly in the urbanized Northwest and Southwest Planning Areas. The
objectives, policies and programs are discussed in Section 3.0 of Part II of the Housing
Element Update.
Public Participation Process
The Community Development Department solicited community input in preparing and
reviewing the City's Five-Year Housing Element Update. The City held numerous workshops
to obtain the views of citizens, developers, social service agencies, and other interested
persons on the City's housing needs and policies and programs to be implemented to
address these needs. The following outlines the public participation process:
· City staff workshop (September 12, 2005)
· Stakeholders meeting (November 7, 2005 and April 18, 2006);
· Community workshop (November 14, 2005, June 27, 2006, and July 10, 2006 at
the Northwest Civic Association monthly meeting);
· Housing Advisory Commission/Planning Commission Workshops (November 16,
2005 and April 19, 2006);
· Housing Advisory Commission Workshops (January 20, 2006, February 1,2006, and
March 22, 2006);
· City Council Workshop (February 7, 2006);
· Mobilehome Rent Review Commission Workshop (February 23, 2006);
· Building Industry Association briefing (April 13, 2006);
· Public Review period (June 16, 2006 through July 17, 2006); and
· HCD review
Changes in Response to Comments
Throughout the public participation process the City received comments and suggestions
from concerned citizens, residential developers and advocates for affordable housing.
Attachment 3 provides the summary of consistent comments received by the public and staff
responses. Additionally, the draft was reviewed by HCD. HCD's letter of comments and the
City's responses are included as Attachment 4.
Page No.6, Item: 1
Meeting Date: 09/13/06
In general, HCD and the public were pleased with the analysis conducted and the policies
and programs presented. In response to public comments, some programs were elevated to
a higher priority level. And in response to HCD's comments additional narrative or data was
included to provide more detail and clarity. Some information that has been added
includes:
· Rent information for affordable units credited since 2003
· Additional narrative on Housing Stock Conditions
· Data on density for infill development (Appendix J)
· Narrative on Emergency Shelters and Transitional Housing
· Additional narrative on Government Constraints
Since the Planning Commission previously reviewed the Draft Element on April 19, 2006, the
document has been revised, where appropriate, to respond to the comments received from
the public and HCD. The pages with changes since the previous draft (redlined pages) have
been included as Attachment 5, and were provided to the Planning Commission under
separate cover on September 6th to provide additional time for their review.
DECISION MAKER CONFLICTS
Staff has checked and there are no conflicts subject to this action.
CONCLUSION
The Planning Commission is being asked to consider a recommendation to the City Council
for the final adoption of the 2005-2010 Update of the Housing Element of the City's
General Plan and the associated Negative Declaration (IS-06-023).
If recommended by the Planning Commission and Housing Advisory Commission, the
Housing Element will be considered by the City Council for final adoption in the beginning of
October.
ATTACHMENTS
1. 2005-10 Housing Element Update of the City's General Plan (On file in the Community
Development Department and to provide the Planning Commission with adequate time
for review the Element was provided under separate cover on August 31, 2006)
2. Negative Declaration
3. Summary of Public Comments & Responses
4. HCD Letter & Responses
5. Redlined Pages from Previous Draft (On file in the Community Development Department
and to provide the Planning Commission with additional time for review the Redlined
Pages were provided under separate cover on September 6, 2006)
Prepared by: Amanda Mi/ls, Housing Manager, Community Development Department
RESOLUTION NO. GPA 06-01 B
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A NEGATIVE DECLARATION (IS-06-023) AND THE
HOUSING ELEMENT UPDATE OF THE GENERAL PLAN IN
COMPLIANCE WITH GOVERNMENT CODE SECTION 65585.1
WHEREAS, the California State Legislature has identified the attainment of a decent home
and suitoble living environment for every Californian as the State's major housing goal; ond
WHEREAS, pursuant to Article 10.6 of the Government Code [Article 10.6], Chula Vista is
required to prepare a Housing Element of the General Plan that covers the period of July 1, 2005
through June 30, 2010; and
WHEREAS, Chula Vista has prepared a droft Housing Element update for the 2005-2010
plonning period and submitted it to the State Department of Housing and Community
Development [HCD] as required by Article 10.6; and
WHEREAS, HCD proposed changes to the draft Housing Element that would bring
the draft Housing Element into compliance with Article 10.6; and
WHEREAS, Chula Vista has made the required changes to the Housing Element to
substantially comply with Article 10.6; and
WHEREAS, consistent with the requirements of Article 10.6, Chula Vista has made the
Draft 2005-2010 Housing Element available to the public for review and comment for the
required 30-day period; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA), has determined that there is
no substantial evidence, in light of the whole record before the City of Chula Vista, that
the project may have a significant effect on the environment, and has prepared Negative
Declaration, IS-06-023; and
WHEREAS, the Resource Conservation Commission (RCC) determined that the Negative
Declaration for the Housing Element Update is adequate and recommended its adoption; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City at least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely September
13, 2006, at 6:00 p.m. in the Council Chombers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula
Vista recommends that the City Council adopt:
1) A Negative Declaration (IS-06-023); and
2) The Housing Element Update of the General Plan in compliance with Government
Code Section 65585.1
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 13th day of September, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Bryan Felber, Chair
Diana Vargas
Secretary to the Planning Commission
ATTACHMENT 1: 2005-10 Housing Element Update of the City's General Plan
(On file in the Community Development Department and provided to the
Planning Commission under separate cover on August 31, 2006)
Attachment 2
NEGATIVE DECLARATION
PROJECT NAME:
2005-2010 Housing Element Update
PROJECT LOCATION:
City of Chula Vista
ASSESSORS PARCEL NO:
City-wide
PROJECT APPLICANT:
City of Chula Vista
CASE NO:
IS-06-023
DATE OF DRAFT DOCUMENT:
July 30, 2006
DATE OF RCC MEETING:
August 21, 2006
DATE OF FINAL DOCUMENT:
September 6, 2006
Revisions made to this document subsequent to the issuance of the notice of
availability of the draft Negative Declaration are denoted by underline.
Proiect Background
State law requires a Housing Element as a mandatory component of a jurisdiction's
General plan, and requires that these elements be revised every 5 years. Periodic updates
of the Housing Element ensure that local policies and programs are responsive to
changing conditions and future housing needs. Housing Element Law requires the City
to analyze resources available and to quantify projected housing needs by income
category. The City must demonstrate that there is available land with the appropriate
densities to allow the development of affordable housing to occur, and that it has
programs in place or it will develop programs that will mitigate any regulatory measures
serving as a constraint to the development of affordable housing.
A. Proi ect Description
Pursuant to State Law, the City of Chula Vista has prepared an update to the 1999-
2004 Housing Element. The draft 2005-2010 Housing Element addresses the needs
of all income levels. It contains an analysis and update of housing and population
data based on the most current conditions and sources of information. The
revisions incorporate current population and housing proj ections based upon
SANDAG's Regional Housing Needs Assessment (RHNA) prepared in February
2005 for the period of January 1, 2003 to June 30, 2010, and the City's 2006
GMOC Growth Forecast. In accordance with State Housing Law, the draft 2005-
2010 Housing Element contains the following:
IS-06-023
July 30, 2006
1. An assessment of housing needs in Chula Vista,
2. An assessment of actual and potential constraints to the provision
and maintenance of affordable housing,
3. An analysis of the City's accomplishments during the 1999-2004
housing element cycle,
4. An evaluation of potential residential development based on the
current General Plan and Zoning Ordinance, and
5. The formulation of goals and policies the City will implement to
address a number of important housing related issues.
The draft Housing Element calls for the continuation of existing policies and
programs to enable the City to meet future housing demands and its affordable
housing obligation during the 2005-2010 Housing Element cycle.
B. Public Comments
On July 21. 2006. a Notice of Initial Study was circulated to interested parties.
and advertised in area newspapers. The public comment period ended on July 31.
2006. No comments were received in response to the Notice of Initial Study.
On August 4.2006 a Notice of Availability of the Proposed Negative Declaration
for the proiect was advertised in area newspapers. posted in the County Clerk's
Office. sent to the State Office of Planning and Research (OPR). and mailed to
interested parties. Pursuant to CEOA Guidelines Section 15073 (d) the draft ND
and Checklist were sent to OPR. Two comment letters were received from state
agencies regarding the document. One letter was from the Native American
Heritage Commission and dealt with -potential impacts to archaeological
resources. The second letter was from the Public Utilities Commission and
addressed transit railway issues. The issues raised in these letters have been
addressed in the Negative Declaration and attached checklist. as well as in the
attached response to comments (Exhibit "A").
C. Compatibility with Zoning and Plans
The 2005-2010 Housing Element consists of a detailed analysis of Chula Vista's
demographic, economic and housing characteristics, as well as a five year housing
strategy to address the housing needs of the community. The Housing Element
calls out goals, policies, and objectives relative to meeting the housing needs of the
community. The goals the Housing Element encourage the maintenance and
enhancement of housing and neighborhoods, the funding of housing related
services, as well as the support of housing opportunities that meet the City's
diverse housing needs.
IS-06-023
July 30, 2006
The 2005-2010 Housing Element does not propose any changes to land uses or
densities within Chula Vista, nor does it call out or approve any specific
development proj ects. Adoption of the Housing Element Update will not result in
any inconsistencies with the City of Chula Vista Zoning Ordinance. The Housing
Element is consistent with, and will be a part of, the recently adopted City of Chula
Vista GeneraLPlan Update. The adoption of the 2005-2010 Housing Element will
not result in any physical changes to the environment. Future discretionary
governmental approval of site specific housing projects will require review in
accordance with the California Environmental Quality Act (CEQA), and if
applicable the National Environmental Policy Act (NEP A).
D. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached
Environmental Checklist form) determined that the proposed project will not have
a significant environmental effect, and the preparation of an Environmental Impact
Report will not be required. This Negative Declaration has been prepared in
accordance with Section 15070 of the State California Environmental Quality Act
(CEQA) Guidelines.
1. Individuals and Organizations
City of Chula Vista:
Jim Sandoval, Planning and Building Department
Ann Hix, Community Development Department
Amanda Mills, Housing Manager
Leilani Hines, Community Development Department
Steve Power, Planning and Building Department
Maria C. Muett, Planning and Building Department
Ann Moore, City Attorney's Office
2. Documents
Draft 2005-2010 Housing Element of the General Plan, September 2000
Chula Vista General Plan Update (December 2005)
Title 19, Chula Vista Municipal Code
City's Growth Management Plan 2006
SANDAG's Regional Housing Needs Assessment (RHNA)
3. Initial Study
IS-06-023
September 6, 2006
This environmental determination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review period
for this Negative Declaration. The report reflects the independent judgement of the City
of Chula Vista. Further information regarding the environmental review of this project is
available from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
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ENVIRONMENTAL CHECKLIST FORM
CllY OF
CHULA VISTA
1. Name of Proponent:
2005-2010 Housing Element Update
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 409-5864
4. Name of Proposal:
2005-2010 City ofChula Vista
Housing Element Update
5. Date of Checklist:
July 13, 2006
6. Case No.
IS-06-023
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create a new source of substantial light or glare, 0 0 0 .
which would adversely affect day or nighttime views
in the area?
Comments:
(a-d) The 2005-2010 Housing Element Update consists of a detailed analysis of Chula Vista's demographic,
economic and housing characteristics, as well as a five year housing strategy to address the housing
needs of the community, The Housing Element calls out goals, policies, and objectives relative to
meeting the housing needs of the community. The goals the Housing Element encourage the
maintenance and enhancement of housing and neighborhoods, the funding of housing related services,
as well as the support of housing opportunities that meet the City's diverse housing needs.
The 2005-2010 Housing Element Update would not result in any adverse aesthetic impacts since it
does not propose any changes to land uses or densities within Chula Vista, nor does it call out or
approve any specific development projects. The Housing Element is consistent with, and will be a part
of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010
Housing Element Update will not result in any physical changes to the environment. Future
discretionary governmental approval of site specific housing projects will require review in
accordance with the California Environmental Quality Act (CEQA), and if applicable the National
Environmental Policy Act (NEP A).
Miti2:ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
II. AGRICULTURAL RESOURCES. Would the
proj ect:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
o
o
o
.
o
o
o
.
c) Involve other changes in the eXlstmg environment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
o
o
o
.
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
o
o
o
.
Comments:
(a-c) There are no identified conflicts with environmental plans or policies adopted by other regional
agencies, No potentially significant adverse effects on agricultural resources or operations have been
identified, The 2005-2010 Housing Element Update does not propose any changes to land uses or
densities within Chula Vista, nor does it call out or approve any specific development projects, The
2
Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista
General Plan Update, The adoption of the 2005-2010 Housing Element Update will not result in any
physical changes to the environment. Future discretionary governmental approval of site specific
housing projects will require review in accordance with the California Environmental Quality Act
(CEQA), and if applicable the National Environmental Policy Act (NEPA).
Miti2ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
m. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
o
o
o
.
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
o
o
o
.
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions, which exceed quantitative thresholds for
ozone precursors)?
o
o
D
.
d) Expose sensitive receptors to substantial pollutant 0 0 0 .
concentrations?
e) Create objectionable odors affecting a substantial 0 0 D .
number of people?
Comments:
(a-e) The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within
Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update.
The adoption of the 2005-20 I 0 Housing Element Update will, therefore, not result in any adverse
impacts to air quality.
Miti2ation: No mitigation measures are required.
3
Issues:
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any specIes
identified as a candidate, sensitive, or special status
speCIes III local or regional plans, policies, or
regulations, or by the Califomia Department of Fish
and Game or u.s. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by
the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
.
o
d) Interfere substantially with the movement of any 0 0 0 .
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances protecting 0 0 0 .
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
4
o
o
o
.
conservation plan?
Comments:
a-f) The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula
Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent
with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The Housing
Element is consistent With the City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea
Plan. The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any adverse
impacts to biological resources.
Mitieation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
v. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance
of a historical resource as defined in State CEQA
Guidelines 9 15064.5?
o
o
o
.
b) Cause a substantial adverse change in the significance
of an archaeological resource pursuant to State CEQA
Guidelines 9 l5064.5?
o
o
o
.
c) Directly or indirectly destroy a unique paleontological 0 0 0 .
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred 0 0 0 .
outside of formal cemeteries?
Comments:
a-d) The project does not propose to grade or disturb formations that may contain potential cultural resources,
nor does it propose any alteration/demolition of historic resources. The 2005-2010 Housing Element
Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or
approve any specific development projects. The Housing Element is consistent with, and will be a part
of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010
Housing Element Update will not result in any physical changes to the environment. Future
discretionary governmental approval of site specific housing projects will require review in accordance
5
with the California Environmental Quality Act (CEQA), and if applicable the National Environmental
Policy Act (NEP A).
Mitigation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
o
o
o
.
1. Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault?
o
o
o
.
11. Strong seismic ground shaking? 0 0 0 .
111, Seismic-related ground failure, including liquefaction? 0 0 0 .
w. Landslides? 0 0 0 .
b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 .
c) Be located on a geologic unit or soil that is unstable, 0 0 0 .
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, creating substantial risks 0 0 0 .
to life or property?
e) Have soils incapable of adequately supporting the use 0 0 0 .
of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
6
Comments:
(a-e) The adoption of the revised Housing Element will not directly expose people to geophysical hazards.
The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within
Chula Vista, nor does it call out or approve any specific development projects, The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update.
The adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the
environment. Future discretionary governmental approval of site specific housing projects will require
review in accordance with the California Environmental Quality Act (CEQA), and if applicable the
National Environmental Policy Act (NEP A).
Miti2ation: No mitigation measures are required.
Issues:
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people residing
or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
7
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
.
o
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
Issues:
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk ofloss,
injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intennixed with wildlands?
Comments:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
D D D .
D
D
D
.
(a-h) The adoption of the revised Housing Element will not result in the exposure of people to hazardous
situations or materials. The 2005-20 I 0 Housing Element Update does not propose any changes to land
uses or densities within Chula Vista, nor does it call out or approve any specific development projects.
The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista
General Plan Update, The adoption of the 2005-2010 Housing Element Update will not result in any
physical changes to the environment. Future discretionary governmental approval of site specific
housing projects wil1 require review in accordance with the California Environmental Quality Act
(CEQA), and if applicable the National Environmental Policy Act (NEPA), including any city adopted
Emergency Plan.
Mitil!ation: No mitigation measures are required.
Issues:
VITI. HYDROLOGY AND WATER QUALITY.
Would the project
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water bodies
pursuant to the Clean Water Act Section 303(d)
list), result in significant alteration of receiving
water quality during or following construction, or
violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantial1y with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-existing
8
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
D
D
D
.
D
D
D
.
nearby wells would drop to a level which would
not support existing land uses or planned uses for
which permits have been granted)? Result in a
potentially significant adverse impact on
groundwater quality?
Issues:
c) Substantially alter the existing drainage pattem of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattem of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off-site, or place
structures within a 100-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would exceed
the capacity of existing or planned storrnwater
drainage systems or provide substantial additional
sources of polluted runofl?
Comments:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 .
o
o
o
.
o
D
o
.
o
D
o
.
(a-f)The adoption of the revised Housing Element will not affect water or groundwater resources; nor drainage
patterns. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities
within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The
adoption of the 2005-2010 Housing Element Update win not result in any physical changes to the environment.
Future discretionary governmental approval of site specific housing projects will require review in accordance
with the Califomia Environmental Quality Act (CEQA), and if applicable the National Environmental Policy
Act (NEPA).
Miti2ation: No mitigation measures are proposed.
9
Issues:
IX. LAND USE AND PLANNING. Would the
project:
Issues:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over
the project (including, but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Comments:
Potentially
Significant
Impact
Potentially
Significant
Impact
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
Less Than
Significant
Impact
Less Than
Significant
Impact
o
o
o
(a-c) The adoption of the 2005-2010 Housing Element Update will not physically divide an established
community, nor will it conflict with applicable land use policies, regulations, or habitat conservation
plans. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities
within Chula Vista, nor does it callout or approve any specific development projects. The Housing
Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan
Update. The adoption of the 2005-2010 Housing Element Update will not result in any physical
changes to the environment. Future discretionary governmental approval of site specific housing
projects will require review in accordance with the California Environmental Quality Act (CEQA), and
if applicable the National Environmental Policy Act (NEP A).
Miti1!ation: No mitigation measures are required.
10
No Impact
No Impact
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents ofthe state?
o
o
o
.
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
o
o
o
.
Comments:
(a-b) The adoption of the revised Housing Element will not adversely affect locally or regionally !mown mineral
resources. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities
within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The
adoption of the 2005-2010 Housing Element Update will, therefore, not result in any physical changes to the
environment. Future discretionary governmental approval of site specific housing projects will require review
in accordance with the California Environmental Quality Act (CEQA), and if applicable the National
Environmental Policy Act (NEP A).
Mitieation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
o
o
o
.
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
o
o
o
.
11
c) A substantial permanent increase in ambient noise 0 0 0 .
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic mcrease ill 0 0 0 .
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan or, 0 0 0 .
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, 0 0 0 .
would the project expose people residing or working
in the project area to excessive noise levels?
Comments:
(a-e) The adoption of the 2005-2010 Housing Element Update will not expose people to excessive noise or
vibration levels. The 2005-2010 Housing Element Update does not propose any changes to land uses or
densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing
Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan
Update (including the Noise Element). The adoption of the 2005-2010 Housing Element Update will,
therefore, not result in any physical changes to the environment. Future discretionary governmental approval
of site specific housing projects will require review in accordance with the California Environmental Quality
Act (CEQA), and if applicable the National Environmental Policy Act (NEP A).
Miti2ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
o
o
o
.
12
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
o
o
o
.
Comments:
(a-c) The project represents a revision to the City's existing Housing Element as required by state law. The
Housing Element does not increase or relocate residential densities nor does it propose to amend existing
Community/General Plan Land Use or Zoning designations. As such, the adoption of the Housing
Element does not result in substantial population growth, nor the displacement of substantial numbers of
people resulting in the construction of housing elsewhere. The Housing Element contains policies and
action programs that facilitate the retention and preservation of affordable housing opportunities.
Miti2ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation"
Incorporated
Less Than
Significant
Impact
No Impact
XIII. PUBLIC SERVICES. Would the project:
a) Result ill substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, ill order to maintain
acceptable service ratios, response times or other
performance objectives for any public services:
o
o
o
.
Fire protection?
o
o
o
.
Police protection?
o
o
o
.
Schools?
o
o
o
.
Parks?
o
o
o
.
Other public tacilities?
o
o
o
.
13
Comments:
(a-e) The adoption of the Housing Element will not result in the need for new or altered government services
or facilities, The primary purpose of the Housing Element is to establish City housing goals, objectives,
and policies, address governmental constraints, and identify opportunities to meet housing needs for five
years. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities
within Chula Vista, nor does it call out or approve any specific development projects. The Housing
Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan
Update. The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any
physical changes to the environment. Future discretionary governmental approval of site specific housing
projects will require review in accordance with the California Environmental Quality Act (CEQA), and if
applicable the National Environmental Policy Act (NEP A).
Miti!!ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIV. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
o
o
o
.
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities,
which have an adverse physical effect on the
environment?
o
o
o
.
Comments:
(a-b) The adoption of the 2005-2010 Housing Element Update will not result in the increased use of recreational
facilities, nor would its adoption result in the need to construct or expand recreational facilities. The 2005-
2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista,
nor does it call out or approve any specific development projects, The Housing Element is consistent with,
and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the
2005-2010 Housing Element Update will, therefore, not result in any physical changes to the environment.
Future discretionary governmental approval of site specific housing projects will require review in
14
accordance with the California Environmental Quality Act (CEQA), and if applicable the National
Environmental Policy Act (NEP A).
Miti2:ation: No mitigation measures are required.
Issues:
XV. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments:
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
o
Less Than
Significant
Impact
No Impact
o
.
o
.
o
.
o
.
o
.
o
.
o
.
(a-g)The adoption of the revised Hous:ing Element will not affect traffic circulation. The 2005-2010 Hous:ing
Element Update does not propose any changes to land uses or densities with:in Chula Vista, nor does it call out
15
or approve any specific development projects. The Housing Element is consistent with, and will be a part of,
the recently adopted City of Chula Vista General Plan Update (including the Transportation Element). The
adoption of the 2005-2010 Housing Element Update will, therefore, not result in any adverse traffic impacts.
Future discretionary governmental approval of site specific housing projects will require review in accordance
with the Califomia Environmental Quality Act (CEQA), the City of Chula Vista Traffic Thresholds, and if
applicable the National Environmental Policy Act (NEP A).
Mitigation: No mitigation measures are required.
Issues:
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansIOn of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
project rrom existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand ill addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal
needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
16
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
.
o
o
o
o
.
o
o
o
.
o
o
o
.
o
o
.
o
o
o
.
o
o
o
.
o
Comments:
(a-g) The adoption of the revised Housing Element will not result in impacts to utilities and service systems. The
2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula
Vista, nor does it call out or approve any specific development projects. Because no intensification of
residential land uses is proposed, public utilities and services will not be impacted. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update, The
adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the environment.
Future discretionary governmental approval of site specific housing projects win require review in accordance
with the Califomia Environmental Quality Act (CEQA), and if applicable the National Environmental Policy
Act (NEP A).
Miti2ation: No mitigation measures are required.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A) Library
D
D
D
.
The City shall construct 60,000 gross square feet (GSF)
of additional library space, over the June 30, 2000 GSF
total, in the area east of Interstate 805 by buildout. The
construction of said facilities shall be phased such that
the City will not fall below the citywide ratio of 500
GSF per 1,000 population. Library facilities are to be
adequately equipped and staffed.
B) Police
D
D
D
.
a) Emergency Response: Properly equipped and staffed
police units shan respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain
an average response time to all "Priority One"
emergency calls of 5.5 minutes or less.
b) Respond to 57 percent of "Priority Two" urgent calls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of 7.5 minutes
or less.
C) Fire and Emergency Medical
D
D
D
.
Emergency response: Properly equipped and staffed fire and
medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
17
D) Traffic
o
o
o
.
The Threshold Standards reqUITe that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur during
the peak two hours of the day at signalized intersections.
Signalized intersections west of I-80S are not to operate at a
LOS below theIT 1991 LOS. No intersection may reach LOS
"E" or "F" during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted
from this Standard.
E) Parks and Recreation Areas
o
o
o
.
The Threshold Standard for Parks and Recreation is 3 acres
of neighborhood and community parkland with appropriate
facilities/l,OOO population east ofI-805.
F) Drainage
o
o
o
.
The Threshold Standards reqUITe that storm water flows and
volumes not exceed City Engineering Standards. Individual
projects will provide necessa.')' improvements consistent
with the Drainage Master Plane s) and City Engineering
Standards.
G) Sewer
o
o
o
.
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards. In.dividual
projects will provide necessary improvements consistent
with Sewer Master Planes) and City Engineering Standards.
H) Water
o
o
o
.
The Threshold Standards reqUITe that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during grO\vth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of Chula
Vista has in effect at the time of building permit issuance.
Comments:
a) The adoption of the Housing Element will not result in impacts to the Library Services. The 2005-2010
Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor
does it call out or approve any specific development projects. The Housing Element is consistent with,
and will be a part of, the recently adopted City of Chula Vista General Plan Update.
18
b) The adoption of the Housing Element will not result in impacts to Police response times. The 2005-2010
Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor
does it call out or approve any specific development projects. The Housing Element is consistent with,
and will be a part of, the recently adopted City of Chula Vista General Plan Update.
c) The adoption of the Housing Element will not result in impacts to Fire or emergency response times. The
2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula
Vista, nor does it call out or approve any specific development projects. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update.
d) The adoption of the Housing Element will not result in impacts to traffic. The 2005-2010 Housing
Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it
call out or approve any specific development projects. The Housing Element is consistent with, and will
be a part of, the recently adopted City of Chula Vista General Plan Update.
e) The adoption of the Housing Element will not result in impacts to the Parks and Recreation Services.
The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within
Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is
consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update.
f) The adoption of the Housing Element will not result in impacts to drainage. The 2005-2010 Housing
Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it
call out or approve any specific development projects. The Housing Element is consistent with, and will
be a part of, the recently adopted City of Chula Vista General Plan Update.
g) The adoption of the Housing Element will not result in impacts to sewer services. The 2005-2010
Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor
does it call out or approve any specific development projects. The Housing Element is consistent with,
and will be a part of, the recently adopted City of Chula Vista General Plan Update.
h) The adoption of the Housing Element win not result in impacts to water services. The 2005-2010
Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor
does it call out or approve any specific development projects. The Housing Element is consistent with,
and win be a part of, the recently adopted City of Chula Vista General Plan Update.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate
important examples of the major periods of Califomia
history or prehistory?
D
D
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
D
D
19
Less Than
Significant
Impact
No Impact
D
.
D
.
viewed in connection with the effects of past projects,
the effects of other current project, and the effects of
probable future projects,)
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
o
o
o
.
Comments:
(a) As previously discussed in Section IV, Biological Resources and Section V, Cultural Resources, the project is
the adoption of a revision to an existing element of the General Plan, and will not result in any physical changes
to the environment. The action is adopting policies to encourage the development of moderate and low-income
housing. Specific development is not proposed at this time. Future discretionary approval on specific housing
projects will include compliance with the California Environmental Quality Act (CEQA) and/or the National
Environmental Policy Act (NEP A).
(b) The Housing Element represents a short-tenn (5 years) policy document that does not create or recommend
action programs that would contain "Cumulative considerable" effects, but rather implements community
adopted goals and objectives. The Housing Element is one of the required General Plan elements of a
jurisdiction, and is the only element that is required by State law to be revised every five years. The primary
purpose of the Housing Element is to address the existing and projected housing needs of all economic
segments of a community,
(c) No evidence has been provided in the Initial Study that shows that the adoption of the revised Housing
Element, which serves as a guide for communities to address their housing needs and is required by state law,
will cause substantial adverse effects on human beings, either directly or indirectly. No project specific plans
are proposed and thus no impacts as a result of a potential risk or accidental explosion or release of hazardous
substances have been identified at this time as stated in Sections ]X Hazards and X Noise. Future discretionary
governmental approval of site-specific housing projects will require review in accordance with the Califomia
Environmental Quality Act (CEQA) and if applicable the National Environmental Policy Act (NEP A)
including any city adopted Emergency Plan.
Mitigation Measures: No mitigation measures are required.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
There are no Mitigation Measures.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
20
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the line(s) provided below prior to posting of this Negative Declaration with the County
Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without
approval and that the Applicant and Operator shall apply for an Environmental Impact Report.
N/A
Printed Name and Title of Applicant
(or authorized representative)
N/A
Signature of Applicant
( or authorized representative)
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
N/A
Signature of Operator
(if different from Applicant)
Date
21
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
0 Land Use and Planning o Transportation/Traffic 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems
0 Geophysical 0 Energy and Mineral 0 Aesthetics
Resources
0 Agricultural Resources
0 Hydrology/Water 0 Hazards and Hazardous 0 Cultural Resources
Materials
0 Air Quality 0 Noise 0 Recreation
o Paleontological 0 Mandatory Findings of Significance
Resources
22
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the project.
A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect(s) on the environment, but
at least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated." An Environmental
Impact Report is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
///)
~,. '" f'
,. ,. /
/. . I
./ ...... ./~ ,"/Y2.W~
$'teve Power, AJf/P
Environmental ~ojects Manager
City ofChula Vista
23
.
o
o
o
o
Attachment 3
~~~
-.-
r....,;::-_ __~
~-O;;::...::;:-.....
-~~~
CIlY OF
CHUlA VISTA
30-DA Y PUBLIC REVIEW AND COMMENT PERIOD
June 12, 2006 through July 14, 2006
COMMENTS AND RESPONSES TO
DRAFT HOUSING ELEMENT UPDATE 2005-2010
On June 16, 2006, the City of Chula Vista released the Draft Housing Element of the General
Plan for the period beginning July 1, 2005 to June 30, 2010. The Draft Housing Element was
available for review by the public for 30 days beginning June 16, 2006 through July 17, 2006.
Copies of the draft document were available for review throughout the community at the
locations identified below.
COPIES AVAILABLE:
Civic Center Library (365 F Street)
South Chula Vista Library (389 Orange Avenue)
Eastlake High School Library (1120 Eastlake Parkway)
Chula Vista Civic Center-City Clerk's Office, Planning
Department and Community Development Department (276
Fourth Avenue)
Online at http://www,chulavistaca.gov
In addition, workshops were hosted to provide information and receive input from the
public on the City's 2005-2010 Housing Element.
WORKSHOP INFO:
PUBLIC WORKSHOP / COMMUNITY MEETING
DATE
TIME
LOCATION
Tuesday, June 27, 2006
6:00 p.m.
Chula Vista Civic Center Council Chambers
276 F Street, Chula Vista, CA 91910
NORTHWEST CIVIC ASSOCIATION GENERAL MEETING
The public is invited to an
"Educational Forum on the Draft 2005-2010 Housing Element"
DATE Monday, July 10, 2006
TIME 6:00 to 8:00 p.m.
LOCATION Chula Vista Civic Center Library Auditorium
365 F Street, Chula Vista, CA 91910
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 2
The following comments were received by the City of Chula Vista and at these meetings
and have been addressed in the latest version of the Draft Housing Element as described
below.
Program 1.1.4: Funding for Housing Related Environmental Hazard Control
COMMENTS:
· Reducing housing related environmental hazards is important to the health of
citizens it should be assigned a priority level 1 instead of 2.
RESPONSE:
o This program has been revised to priority level 1.
Policy 1.1.3: Rental Housing Acquisition & Rehabilitation
COMMENTS:
· The Housing Element very well states the great need for housing affordable to
very low and low income individuals and families. However Objectives and
Policies are not concrete enough to rectify the lack of housing. By requiring
only 20 percent of rental housing acquired and rehabilitated, which is likely to
already be at lower market rents, to be set aside for very low income households
the deficit of affordable housing will increase.
RESPONSE:
o The purpose of this policy is two fold: 1) To acquire and rehabilitate
substandard or deteriorating housing or housing in danger of being demolished
in order to preserve the City's rental housing stock by addressing housing
deficiencies and increasing its useful life; and 2) To ensure that a portion of
such housing once preserved and upgraded is guaranteed affordable for very
low income households. While the policy calls for a requirement of 20 percent
of such rental housing to be affordable to very low income households,
requirements for affordability including percentage of units, targeted income
levels and term of affordability will be set by the funding source.
Objective H2.1:
Encourage the efficient use and conservation of water by residents.
COMMENTS:
· Like code enforcement activities, water conservation and landscaping should be
assigned a priority level 1.
RESPONSE:
o This program has been revised to priority level 1.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 3
Policy 2.2.1: Building Energy Efficiency Into Housing
COMMENTS:
· Developers need to be required to meet at least the same standards that the City
requires of its own facilities. Therefore language should be changed from
"encourage" to "require".
RESPONSE:
o By placing more requirements on development, the feasibility and the cost and
supply of multifamily housing may be impacted and serve as a constraint to
development. The City is trying to achieve a balance between a prescriptive
and incentive based approach to achieving its goals.
Policy 2.2.2: Public Education for Energy Conservation.
COMMENTS:
· This program should be assigned a priority level 1 instead of 2.
RESPONSE:
o This program has been revised to priority level 7.
Policy 2.2.4: Green Building
COMMENTS:
· The City should promote sustainable/green buildings by requiring compliance
with Architecture 2030 or LEED gold or platinum standards.
· This program should be assigned a priority level 1 instead of 2.
RESPONSE:
o By placing more requirements on development, the feasibility and the cost and
supply of multifamily housing may be impacted and serve as a constraint to
development. In considering any proposed policies/requirements, such
policies/requirements must be weighed to conserve resources and protect the
environment without impeding the provision of housing to accommodate
growth due to inordinate increases in risk and/or the cost of private
development. The City is trying to achieve a balance between a prescriptive
and incentive based approach to achieving its goals. As proposed in the Urban
Core Specific Plan, incentives are prescribed for buildings that are built to LEED
certification standards.
o This program has been revised to priority level 7.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 4
Objective H3.1: Preserve publicly assisted rental housing JJat-risk" of converting to
market rate rents.
COMMENTS:
· Giving the City/Agency first right of refusal to acquire those residential
developments "at-risk" of converting seems like a good idea. Why aren't the
restrictions forever instead of 10 or 20 years.
RESPONSE:
o The term of affordability restnctfOns are based upon requirements of the
particular funding/incentive program that may have been used to facilitate the
development of the housing. For example, in past years, the standard
affordability term was a maximum of 25 years based upon State Law governing
density bonuses. Today, State Density Bonus Law uses a standard of 30 years
for rental housing. Other affordable housing financing programs such as Low
Income Housing Tax Credits and Multifamily Housing Revenue Bonds use 55
years. Additionally, the more requirements that are placed on affordable
housing can potentially jeopardize financing for the development.
Policy 3.2.1: Monitoring of Units Lost
COMMENTS:
· Monitoring and mitigation of housing demolished and occupied by very low
and low-income households within the Coastal Zone and Redevelopment Areas
should be expanded to also include housing located within the Urban Core
Specific Plan.
· Require as a Growth Management Oversight Committee threshold.
RESPONSE:
o Policy 3.2.1 specifically addresses the monitoring of units occupied by very low
and low-income households within the Coastal Zone and Redevelopment Areas
because of the specific requirements of State Housing Element law. However,
the City does monitor the number of housing units constructed and demolished
throughout the City.
o The intent of Policy 9.1.5-Annual Housing Report is to monitor and report
housing data, relative to housing starts, demolition and conversion of rental
housing, affordability levels, market trends, and existing housing on a city-wide
level.
o As proposed, Policy 9.1.5 the annual report will be received by an oversight
body who will then advise the City Council on the City's existing housing stock
and policies and if changes are necessary. While the policy does not specify the
oversight body, the City does have an established technical advisory body for
housing issues, the Housing Advisory Commission.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 5
Policy 3.2.2: Replacement Housing
COMMENTS:
· Replacement plan for housing lost and occupied by very low income and low-
income households should be expanded to include housing located within the
Urban Core Specific Plan.
. Replacement of housing should occur immediately and equally affordable.
RESPONSE:
D By placing more requirements on development, the feasibility and the cost and
supply of multifamily housing may be impacted. In considering any proposed
policies/requirements, such policies/requirements must be weighed to protect
existing lower income residents without impeding the rate of revitalization due
to inordinate increases in risk and/or the cost of private development.
D Under Community Redevelopment Law (CRL), when the Agency participates in
a development, it has an obligation to replace housing within four years, The
City is committed to proactively seeking opportunities to provide affordable
housing within the Redevelopment Project Areas, as well as throughout the
City, prior to the need to satisfy any inclusionary housing or replacement
housing obligations under CRL. However, the development and financing of
affordable housing can be relatively complicated and can take time to realize.
Furthermore, CRL also requires that replacement housing be offered at the same
income level and bedroom size as the housing that was removed.
Policy 4.1.1: Community Impact Report
COMMENTS:
· Implementation timeline is stated as being ongoing although it is proposed as a
new policy.
. Rather than "consider" the requirement of a Community Impact Report, Policy
4.1.1 should state that is "required".
· Projects should be evaluated to determine the loss/impact on the availability of
housing stock and no net loss of housing should be realized.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 6
RESPONSE:
o The timeline is incorrectly stated as ongoing and has been revised to reflect
work being started on this policy in 2007.
o The City does recognize that the loss of housing units, particularly
mobilehomes and rental housing, from demolition, closure and/or conversion,
will have an impact on the existing residents and the availability of certain
housing stock. However, the Housing Element serves as a broad policy
document. It is intended to have specific policies/programs comprehensively
addressed under separate work programs. Therefore, a more comprehensive
and thorough analysis of the intent/purpose of the Community Impact Report
(ClR), possible components of a ClR, and the impact of such a requirement on
the development process is anticipated to begin in 2007. Additionally, by
proposing a separate work program, the City is in a better position to provide
the public with ample opportunity to participate in the development of the
policy.
Policy 4.1.2: Mitigation Fee for Lost Units
COMMENTS:
. Implementation of UCSP development regulations predicated on payment of a
mitigation fee for those units lost or households displaced as a result of the
demolition or replacement of existing housing.
. Paid at time of building permit issuance.
. Funds from mitigation fees should be used to provide relocation assistance to
displaced residents.
. No mitigation fee since it is recommended that there should not be any net loss
of housing for low-income housing (see Policy 4.1.1).
RESPONSE:
o The Housing Element serves as a broad policy document. As proposed within
the Housing Element (Policy 4.1.2), the City will consider the feasibility of
implementing a mitigation fee. The comments received are specific to the
implementation of a mitigation policy. The City's intent is to have specific
policies/programs comprehensively addressed under separate work programs.
Therefore, a more comprehensive and thorough analysis of the intent/purpose
of a mitigation fee, development of a fee schedule, and the impact of such a
requirement on the development process is anticipated to begin in 2008.
Additionally, by proposing a separate work program, the City is in a better
position to provide the public with ample opportunity to participate in the
development of the policy. At that time, the City may consider such specific
recommendations.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 7
o In considering any proposed policies/requirements, such policies/requirements
must be weighed to protect existing lower income residents without impeding
the rate of revitalization due to inordinate increases in risk and/or the cost of
private development.
Program 4.2.2: Condominium Conversions
COMMENTS:
. Housing Element very well states the great need for housing affordable to very
low and low income individuals and families. However Objectives and Policies
are not concrete enough to rectify the lack of housing. This policy should not
talk about evaluating changes to the Chula Vista Municipal Code Chapter 15.56
which regulates the conversion of rental housing to condominiums but should
actually put forth changes until such time there is an adequate supply of rental
units for families.
RESPONSE:
o The City does recognize that the conversion of existing rental housing to
condominiums for individual ownership urban areas of Western Chula Vista,
may provide homeownership opportunities but will result in the loss of the
community's rental housing stock. The intent of the Housing Element is to
serve as a broad pol icy document and does not attempt to address the specific
areas of change needed. A more comprehensive and thorough analysis of the
issues and recommended revisions is to take place as a separate work program
with an amendment to the Municipal Code. At that time, the City may consider
such specific recommendations to address the lose of rental housing.
Additionally, by proposing a separate work program, the City is in a better
position to provide the public with ample opportunity to participate in any
amendments to the Municipal Code.
Program 4.2.3: Tenant Rental Assistance
COMMENTS:
· This program should be assigned a priority level 1 instead of 2 given the current
situation in Chula Vista.
RESPONSE:
o This program has been revised to priority level 1.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 8
Program 4.2.4: Housing Resource Program
COMMENTS:
· This program should be assigned a priority level 1 instead of 2 given the current
situation in Chula Vista.
RESPONSE:
o Based upon limited available resources this program will remain a priority level
2 until such additional resources can be secured.
Objective 5.1: Balanced Communities - Affordable Housing Program (aka "Inclusionary
Housing")
COMMENTS:
· The policy is outdated given that more future development will likely occur as
smaller infill development in the west. The policy should be reconsidered in
how it is appl ied to the west side redevelopment. Therefore, it is recommended
that the unit threshold for applicability of the policy should be lowered to any
residential development or 20 units to better reflect potential future
development.
· Policy should not allow for alternative forms of compliance, such as an in-lieu
fee. Crossroads II believes in the distribution of housing throughout the
community. Therefore, this is best achieved by requiring each development to
build its share of affordable housing.
· In lieu fee could be used for very small developments and only in extreme cases
where units could not be produced for larger developments.
· Given the needs for very low and low-income households, an increase in the
number of units for very low and low income is warranted.
· Raise requirement of affordable units from 10% to 15% for large projects of 100
units or more.
· Raise requirement of affordable units from 10% to 15%, with 60% for very low
and low income households and 40% for moderate-income households.
· "Require" rather than consider the implementation of this policy through the
adoption of an Ordinance.
RESPONSE:
o The City does recognize that given the future potential of development
occurring in the urban areas of Western Chula Vista, the policy may need to be
revised to more appropriately reflect its application to this type of development
(see Policy 5.1.2). The comments received are specific to the implementation
of the Balanced Communities policy. It is not the intent of the Housing Element,
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 9
which represents a broader policy document, to comprehensively address the
specific areas of change needed to the Balanced Communities policy. It is
intended that a more comprehensive and thorough analysis of the issues and
recommended revisions take place as a separate work program and possibly
through the adoption of an Ordinance (see Policy 5.1.3). At that time, the City
may consider such specific recommendations as lowering the threshold of
applicability and a change in the percentage of units required as affordable for
very low, low or moderate income households. Additionally, by proposing a
separate work program, the City is in a better position to provide the public
with ample opportunity to participate in the development of the policy.
Policy 5.2.3: Incentives for Housing Located in Redevelopment Project Areas
COMMENTS:
· Incentives should focus on low and very low income housing instead of
moderate-income housing.
RESPONSE:
D While the policy does not directly address very low and low income
households, the policy states that incentives will be for those projects that
exceed affordable housing requirements as stipulated within Redevelopment
Law and for those income categories least served. To exceed affordable
housing requirements, proposed developments would need to serve a deeper
affordability level than moderate income. As demonstrated in the analysis of
housing needs, extremely low, very low and low-income households are those
least served.
Objective 5.4: Support mobilehome parks as an affordable homeownership opportunity
consistent with the General Plan
COMMENTS:
· The City should consider the purchase of key mobilehome and trailer parks for
management (by the City or other entity) as affordable housing stock.
RESPONSE:
D The City does not actively acquire, operate or maintain housing units but will
consider incentives for the development, acquisition and operation of
affordable housing by other entities. As stipulated in Policy 5.4.2, when
mobilehome parks are available for sale, the City may consider assistance,
depending on resources available, to those park residents seeking to purchase
their park. Additionally, various policies also state the City's ability to provide
assistance and other incentives to other enteritis seeking to acquire or develop
housing for very low and low-income households.
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 10
Policy 5.4.2: Resident Ownership of Mobilehome Parks
COMMENTS:
· Create a policy of first right of refusal to park residents and to the City when
mobilehome park owners offer their properties for-sale.
RESPONSE:
o As stipulated within Policy 5.4.2, Chula Vista Municipal Code Chapter 9.60
provides any resident organization formed by homeowners of a mobilehome
park with the first right to purchase the mobilehome park once it has been listed
or offered for sale. This is in conformance with State Law (California Civil Code
Section 798.80) which also provides any resident organization formed by
homeowners in the mobilehome park with the right to purchase a mobilehome
park.
Policy 6.2.1: Second Dwelling Units
COMMENTS:
· Second dwelling units should be encouraged to meet the housing needs of
elderly households on the west side.
RESPONSE:
No change required to Policy.
Policy 7.2.1: Priority Processing
COMMENTS:
· This program should be assigned a priority level 1 instead of 2.
RESPONSE:
o Based upon limited available resources this program will remain a priority level
2 until such additional resources can be secured. Projects will continue to be
evaluated on a case-by-case basis for priority processing.
Policy 7.4.1: Density Bonus
COMMENTS:
· Density Bonuses, as well as other incentives, should only be considered for
those projects that go beyond what State law requires, as proposed in Policy
5.2.3 which calls for incentives for those developments going beyond
Community Redevelopment Law requirements.
RESPONSE:
o In accordance with California Government Code Section 65915, "when an
applicant seeks a density bonus for a housing development within, or for the
Draft Housing Element Update 2005-2010
Comments and Responses
July 15, 2006
Page 11
donation of land for housing within, the jurisdiction of a city, county, or city
and county, that local government shall provide the applicant incentives or
concessions for the production of housing units and child care facilities as
prescribed in this section.1/ Therefore, the City is obligated to provide a density
bonus or other incentives if an applicant is in compliance with State law.
Projects are subject to adequate environmental review on a case-by-case basis.
Policy 7.4.5: Financial Assistance
COMMENTS:
· Provide incentives for owners of existing rental housing to set aside a percentage
of units as affordable for very low and low-income households. This could
provide a more immediate stock of affordable rental housing than new
construction.
RESPONSE:
o Policy 7.4.5 has been revised to more specifically allow assistance for both new
construction and existing housing provided for very low and low-income
households. "Continue evaluating on a case-by-case basis requests from
developers and owners of new or existing residential developments for financial
assistance to provide affordable housing opportunities for very low- and low-
income households within such developments."
Freeway Buffer Policy
COMMENTS:
· Reform housing policies to prohibit new housing construction within 500 feet of
a heavily trafficked freeway.
· Schedule consideration of this policy by 2007.
RESPONSE:
o Policies regarding the location of land uses such as residential uses is more
appropriately covered in the General Plan Land Use Element. In accordance
with those policies of 7.7, the Housing Element advocates for the
implementation of Specific Plans, Zoning Ordinance, and Sectional Planning
Area Plans that are consistent with housing related land use policies contained
in the General Plan Update of 2005.
Lhines U:\COMMDEV\Housing Element 2005-2010\Public Participation\DRAFT HE COMMENTS AND RESPONSES 2006.07,15,doc)
,. --.. . . .
!Ff'A~ n-= t'!AI~" --.' dII~1!: ""'.......nATATlON ~ Uf'VRtINr. A~eY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMaNT
DIVISION OF HOUSING POUCY DEVELOPMENT
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Attachment 4
July 28. 200S
Ms. Ann Hix. Director
Community D8YeIopment Department
CIty of Chula VISta .
276 Fourth Avenue
Chula Vesta. CA 91910
HE: Review at the CIty at Chum Vista-. 0I'IIft Housing Element
Dear Ms. Smith:
Thank you for submitting Chula Vista's draft housing element, receivec for review on
May SO, 2006. As you are aware, the Department is required to nMe\\ draft housing
elements and report the findings to the locality pursuant to Government Code
SectIon 65585(b). Telephone COF\versatlons\'ith Ms. leilani Hines. SE.mor Community
Development Specialist. and yaur consultant, Mr. David Barquist. facIIt:ated the review.
The Department ~mends the City for undertaking the comprehensl\ e update of its
General Plan 2020 and further apprecJates_ the Cfty's effortS to deVelop meaningful
housing and land-use strategiel to address Chuia VIsta's share of the regional housing
need. Including encouraging more urb8n environments in the westem Janlon of the
community. While the draft hOUSing element addresses many 8tatutar~ requirements,
revisions will be neceasary to comply with State housing element law (Miele , o.e of the
GtNemment Code). In particular. the element should include a sit8s inventory and more
detaHad analysis of governmental constraints. The encla8ed Appendi:t describes the
changes needed to comply with State housing element law.
The Department is committed to provide any additional assistanee nec:essalY, Including a
meeting in Chula VISta, to facilitate the city's efforts to comply with State law. If you have
any questions, or wish to schedule a visit, please contact Paul McDou~lI, of our staff at
(916) ~7995.
Sincerely,
Wlt~
Cathy E. Creswell
Deputy Di1WCtOr
Enclosures
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APPENDIX
CfT'( OF CHULA VISTA
The foRowing changes would bring the City of Chuta Vista's housing eler,ent into
compUanoe with Article 10.6 of the Govemment Code. The supporting siction of the
Government COde is cited to illM>mpany each recommended change.
HOUSing element technical assistance information is avai&able on the De )8.rtmenta webslte
at ygIW.hcd.ClJ.flQY. Refer to the Division of Housing PoliCy Developme~t and the section
pertaining tb state Housing Planning. Among other resources. the Hous Ing Elements
section contains the cepartrnenfs publication, HQusing EIefnBtJf Quesricns and Answsrs
(aS & As) and the Government Code addressing State hOusing etement law.
A. tlouslnQ Nellds.. Resources. -lid. eonstralntll
1. Include the IOD8IifY's share of regional housing need in aCODrda,1oe with
Section 655B4 (Section 655B3(B)(1).
The element indicates 809 units affordable to IoWer- and modelate-income
househOlds have been constrUcted since January 1. 2003-, (p~le AC-17.
Table c..s). To credit these units mward the CitYs share of the regional housing
need. the element should demonstrate affordability by Income Uroup (I.e., very
~, low-, and moderate) based on actual rents and sales priCl.s and/or applicable
mechanisms utirazed to assure affordability, such as subsIdy SOJfC8S (i.e., low-
Income housing tax credItS. and redevelopment set-wldeS).
2. lncluds an analySis and docUmenfation of hOusehOld ctrarat:teti$fics. incIudlt1g
level of payment compared to ability to pay and hDUSing stoCk .:ondiffonS
(SectiOn 65583(2)(2)).
J-Iousina Stock Cond\tiQM . "'e element includes a general description of hOusing
conditions (page AA-2S). inCluding information on the age df ~8 City's housing
stock and number of units laoking plumbing facilities. However, the element
should also estimate the number of units needing repair and It.placement. The
eiement could estimate hOusing condftions with windshield sur leys. sampl1ng or
utilizing Infonnation from the looat buttdlng or code enforcemer tt departments.
redevelopment agencies or non.proflt housing developers. This informatiOn wiD
assist the City il,'\ setting appropriate objectives and effectively imptementing
rehabilitation loan programs.
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3. InCft,tde an inventol'Y of land suitable tor t8Sidefftial deVFJlapfTtBnt, IncIudiIIg sites
having the potent:#IJI lor (8dev8IOprnent, and 811 anaJy81s of the rerationstrlp of
zonIng and public ,.1itJ. and seMt:eS to these sites (section 65583(8)(3)). The
Inventory of land suitable for resJdential development shall be used to identify sites
that can be dev9IOIJ8d fOr nouslng wlthln the planning period (BE ctJOn 85583.2).
In accordance with recentty enacted legislation (Chapter 724. ShtuteS of 2004),
the element must inClude a sites inventory and analySis demonS':ra.ting, among
other things. the suitability and realistic availability of sites <see t'\e enclosed
Department memo). White the element addresses sorne of th85' statutory
requirements, the elemflnt must yet include more detaiied i11foml8.tion and
anatyeis, as fallows;
Sites Invento~
A1though the element aggregates residential capacity by general plan designation,
it must aI$O include a siteS inventorY that listS propertieS by parcel number or
unique reference. siZe. general plan designation, zoning district and existing use
for nonvacant sites.
Master Planned CommunItieS - The element notes residential C1ipaC\ty for over
17,000 homes in the City's master planned communitieS (page ~c-7). Based 011
our conversations, these communities haVe approved Sectional Planning Area
plans (SPAs) which inClude design and d.-1opment standards and other
implementing mechanisms for the generat plan. Ta utilize the&tJ siteS for meeting
the adequate sites requIrement, the element should identify acreage by approved
density and shOu'd account for phasing schedules. where some) sitBs are not
planned to be built in the planning period. A1so, this analysis shouicl distinguish
betWeen sttell1at are available fer projeCt appHcattons and sItt!s that already have
all necessary entitlement approvals and are exped8d to be bui t during the
planning period. In the case of sites with approved projects, Un element shou,d
tfiSCUss or identify capaoIty by affordability 1evets based on proposed rent and
sales prices.
ADaIvs~ of the Sites Inventorv
EnvifDnmenta' constraints - While the element general~ disCl sses environmental
constraints throughout the City (pages AB-12 to A8-13), this analysis should also
generaUy analyze any knoWn environmenteJ constraintS that", 1'1 Impede
development on Identified sites in the planning period.
Rsa/iSrtc Capacity .. The element must detennine the antiotpatud development
capacity of the identified siteS. If Chula VISta has established " minimum density
regulation, the element may use the minimum density' for the I tte capacity
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calcUlatiOn. otherwise, to address this statutory requirement. Ita element should
include an analYSiS to support the average density oa,cu\ation 0' identified sites.
'this analYSis must adjust the calculation based on land-use oorrtro\S and site
improvements. inCIud1ng nelg1'1t \im1ts. This anatysls shOuld atsf) consider the
impact of non-restdential uses alloW8cI and could inCOrporate ty)ically built
densities of the cammun1t.y.
SuitabifIfY of Nonvacant SiteS - for 1he ,portion of the sites which are not vacant,
the element must demonstrate the suttability and feaslbUity of these sites through a
description. relative to idenUfted sites. of development trendS. n.~ conditions
and regu&atory incentiv&s or s1andards to facilitate redeve\opmElnt. This discussion
shoUld a1SO indude an analYSis of the potential at existing uses to convert to
residential. mixed-use or more intense residential use in the ple\nning period.
WhU. the element generally states an analysis was conducted, the element should
actUaly include that analySis or a summary of that analysis. ftlrther. this analysis
should address recent development activity. particularty with respect to identified
sIteS. and should analyze the cmaracteristics and circumstances of these sttas that
may lead to conversion to residential or mixed-Use in the planr.lng period. such as
interest from property owne~, disCOntinuing uses and the condition and age of the
struetures. -
zontn; for a Varietv of Housina Tvaes
Emergency Shelters - The element discusses how the City's 20ning cade provides
guidance for locating homel~ services and shelters as a "Community purpose
Faci1itY" and the zoning allowS for the development at homeless shetters on church
faciUttes. However. the element must also anaty%e hOW zoning with capacity in
proxlmtty services Is availab\e to encourage and facilitate emerg&nOY shelters.
specif10aUyt the etement shoUld identify the zones where erneogene)' shelters are
aliawed. what pennit pracedures. devetopment standards. SIUI1g requirements and
other decisiOn making criteria are required. and finally determine whether the
zoning encourages and facilitates emergency shelters.
Transitional HouSIng - The element ind"acates the CitYs zonln~ establishes
proviSions for transitional housing but does not spegif1C811y ad iress Where
transitional housing is allowed or encouraged. To address this statutory
requirement. the element must ioctude a mere detailed anaty!:is of zoning
available to encourage and faCIlitate trantitional housing. Spl!ciftcally. the .Iemen~
should identify and analyze what zones permit a variety of tra ,sitiona\ housing
types. including apartmen1S and sil1J\e room occupancy units and how zoning and
pertinent development standards encourage a varietY of ttarU.itional housing 1yp8S.
D.pmdin9 on the resultS of these analyseS. the element fT18}' need to adel
programs to identify sites w;th zoning to encourage the devel.)pment of both
emergency shelters and trans;tional housing.
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4. An analysis af potential and actual govemmental constnJints tlpO'1 the
malntena11t:f!, improvement. or devi!lopment of housing for .11 ""orne levels and
for persons with disabilItieS, Including tand use controlS. builtrllJQ 0DdeS and their
entorcement, site Impf01IBIl1IInts, feeS and other exactionS Ind Ie cat processing
and psrmIf procedures (S8dion 65583(a)(4)).
};1nd-Use ContraIs _ The etement indicateS. maximum height at two and a half
stories for apartments In multifamily zones and tt:ult a maximum .t 45 feet could be
apprcMKI by the design review committee. This development stnndard may be a
constraint and consequently. the element should include a more detailed analysis
to determine impacts on dev8\opment teaslbHIty and the cost and supply of
muitifamlly deve\opmllftt. Specifically. this analysis should identify the decision-
making ortteria to obtain approval from the deSign revieW commi'1e8 and analyze
whether those criteria place a significant burden on an applicant tf 1he analysis
finds the devetopmentstandard is . signiflOMt coO$traint, the elc!ment should
include a program to address and mitigate It.
S~ inmrovernents - The element does net address this requirernent. The revision
must describe and analyze actual stanc:tards for stte improvemen1s (e.g., minimum
street widthS) and anatyze their impact on the cost and supply 01 housing.
Local prueessintl and P.rmit procedut1lS - While the element "tentiens the City
has three IweIs of deciSton-makln9 bodies (i.e" City Council, PI anning
Commission and Design RevieW Committee). the element must also describe and
anaJyze permitted uses in each zone; permit approva\ proceduros. 'ncluding the
level of diser8tionary review and (teCis1on-rnaklng criteria fOr boh single-family
and mulfifamity. i=or cwunple. the element shOuld cOscuss what approvals and
findings are necessarY to permit muttifamily in muftifamily zons&.
Further. the element should discuss the City's deSign revtew prcK:8ss. including
approval procedures and deCision-making criteria. The analySa; cou\d also
indicate whether objective standards and guidelines exist to allcw an applicant for
a resldentia1 development permit to detennine what is required n order to mitigate
cost impacts.
constraints on Housing fOr Persons with Dllabilm. - The elen\ent does not.
address this requirement. It should include a detailed analySis of zoning.
development standards and approval procedures for potential c:onstraints on the
development, maintenanCe and Improvement of housing for persons with
disabilities. For exampl., among other thingsl the element should DISCUSS:
(1) wnether the city haS a tormaI reasonable accommodatiOn procedure to provide
exception in zoning and land..use for requests from persons with disabiflties.
(2) any definitions of family in the zoning code: (3) maximum Q)ncentratlon
requirement8 for residential care facil1ties; (4) artt site ptannlng requirements that
may constrain housing for persons wfth disablUties; and (5) anr requirements for
on-site serviceS for I'8Sidential care facilities wfth six or feWer p',rsons. A copy of
the DepartmMtfa ml!lfl1O and anaJy&ia 100110 U$ist In addressil1g this statutory
requirement Is enolosed.
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B. HousinG Proarams
1. Include a program whir:h sets forth a ffve-year sc;heclule of aatlortS the toeal
government is undertaJcing or Intends to undertake fa Implement the policieS and
achieve thB goals and objectlves of the housing eIsm8f1t thmugll the
administratiOn at land use and development controls, provision "t regulatory
concessions and Jnt;entives, and the ut/UZlItk1fJ at appropriate fe(.~ and state
finencing and subsidy programs when availsble. (Sec:tlon 6!~~'(C)).
Where applicable, implementation programs shoukt inctude spe::1ftc timeOnes (i.e..
dates. annuaUy or ssmi-rannually) for implementation, as opposed to "on-going.-
Examples of implementation actiOns needing more specific time Ines inctude, but
are not Umited to Programs 4.1.1 (Community Impact Report, 5.:~.2 (lncentntes for
Rental HousIng), 5.3.2 (ContInued Occupancy far Homeawnershlp Units),
5.4.1 (MobilehOme Space Rent Review), 8. 1.3 (Existing and N8IV Emerg.ncy
Shelters and Transitional Housing), 6.2.3 (Co-Houslng), 6.2.4 (F armworker
Housing), 7.2.1 (Priority processing), 7.4.2 (Land 8anking). 7.4..3 (PubUc
Property), 7.4.4 (Affordab\e Hauslng in Pubtic or Quasl-P\lblic z,mes).
2. Idrily actions fhat will be taken to make sb$ available-during tne-planning
period of the gensral plan with apptopdate zoning and develOpr1ent standatr1s and
with serviCeS and facilitieS to aooommodate that portiofI of the c1Yi or coL(nly's
share of the I8g;onaJ housing need for each income level that CiXlld I10t be
-flGICOmrnodated on siteS IdentlI'Ied in the Inventory completed ".. rsuant to
paragraph (3) of subdivision (a) without l'eZDning. Sites shan DE'lderrtffied.as
needed to fadlitate and ent:tJurage the det/8lOpn1enf of a variet.J' of types of
hOU5ing for a" inoon'JB levels, InCluding multifamily rental housing. faC'lOry~built
housing, mobHfJhomes, hOUSing for agricU/tunII employees, .".nrgenc:y shelt9IS,
and tranSl"tional housing (SectiOn 65583(c)(1)).
As noted in finding A3. the element does not indude a completC3 sites inventory
and analysis; therefore the adequacy of sites aennat be estabtiuhed. Based on
the results of a complete sites inventory and analysis, the City rnay need to add or
strengthen programs and address any shortfall of residential develOpment
capacity.
The Department understands the City will be pursuing conforming zoning efforts
to the general plan update. partiCUtaJ1y in the westam portion 01 Chuta Vista.
induding the Urban Cote SpecIfic Plan and SouthWeSt Planninn Areas. These
efforts are a critical piace of the City's hOusing strategy and the element should
Include more detailed commitment to implement these strategius. Including
implementation actions to rezone higher density sites with aareages by a date
certain. Th1s program could also Include more detailed commbment to provide
incentives and streamline approvalS.
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in accordance with reoentIy enacted legislation (Chapier 724, Statutes of 2004).
where the ir1YentDrY does not identify adequate sIteS pursuant to GgvBmment
Code Sections e5583(aX3) and eS5BS.2, the element must Pf'O"ide a prtIQr8m to
identify siteS in accordance with subclMslon (h) of 65583.2 for 100 percent of the
remaining tower-income housing need, wtth siteS zoned to R!!JIl! owner-occupled
and rental multifamily uses bV-rlaht during the p'annlng period.
3. Addre$$ and. where appropriate and legally possible, remow gcwernmental
constraints m the maintenance. itnprOwme"" and developm8nt of housing,
Including houeing for all income levels and hoUsing far persot1s .. disabilities.
The plugl8m aha. remove consInJints to, or provide reasonable .ocommodations
for housing designed for, Intended for occupancy by, or with supportNe services
fer, persons with disabilities (Section 65583(c)(3)).
As noted in finding M, the e1ement requires a more detailed an;tly$is of potential
governmental constraints. Depending upon the results of 1f1at aoa1ySis., the City
may need to strwngthen or add programs and address and remove or mitigate any
Identified constraints.
4. The hoUmg program shall promote equal hOUsing opportunitie:l for 811 persons
regardless of nice, reliQfOn, sex, marital status. ancestry, nation II origin color,
familial status or disability (Section 85683(c)(6)).
The element must revise program 8.1.2 (page H-81) to ensure 1air housing
materiats are distributed throughout the enttre community In a vartety of locations
and add program aotiOns to assist In resoMng fair housing complaints. Please
refer to the Departmenfs Qs & As pubHcstiOn (page 42).
C. ~_ .~odfd'lltHncama ~slna in the C~ :zane
Coastallocaliti8s shs' take into account any low. or rnoderate-incc me housing
requitJKi purauant to Government Cede Section 65590 (Govemme"t Code
SeC(lon 65588).
The element should indUde informatiOn pursuant to Go~mment (:ode Section
65588. generally such as:
1. The number of new housing units approved for construction within the coastal
zone since JanuafY 1982.
2. The number of housing uni1s for persons and families of low- a,d moderate-
income required to be provided h'\ new housing developments talther within the
cOastal zone or within three miles.
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3. The number of existing residential dwelftng units occupied by 1m/- and moderate-
income householdS required either within the coastal zone or w\1hin three miles
of the coastal zone that have been authOrized to be demolished or converted
since January 1982.
4. The number of residential dwelling units for low- and moderate-i 1come households
that have been required for replacement.
This data on new constnJctiOn, demolished/converted, and replacement housing Ltnits
for Iow- and moderate-inoome households assists in determining whether the
affordable housing stock in the c::o.stal zone is being protected and provided as
required by Sedkm 66590.
D. J'edoveloament Funds
Desanbe the emount and uses of funds In the redevelopment agen ;1'$ Low and
Moderate Income Howling Fund (Section fJ5583(c)).
The element must describe anticipated funding over the planning period of 'the
element and planned uses for the loW- and Moderate-Income Hou.5Ing Fund (LMIHF).
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CllY OF
CHULA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
August 31, 2006
Ms. Cathy E. Creswell
Department of Housing and Community Development
Division of Housing Policy Development
1800 Third Street
Sacran1ento CA 95814-2063
RESPONSE TO HCD JULY 28, 2006 REVIEW OF CHULA VISTA DRAFT HOUSING
ELEMENT
Dear Ms. Creswell:
In response to your July 28, 2006 letter requesting specific revisions required to bring the City of
Chula Vista's Draft Housing Element into compliance with State Law, attached for your consideration
are the City's proposed revisions to the Draft Housing Element. A sunumlJ:y of these changes is
provided in Attac1unent A of this letter.
For your convenience, we have also included a redlined version of the revised Draft Housing Element
to facilitate your review of the document. Should you have any questions, please contact Ms. Leilani
Hines, Housing Element Project Manager, at (619) 691-5263.
Sincerely,
. c/(jwa~ JJ-it5
-flY ANN HIX
Director of Community Development
DB/all
Attac1unents
A. Response to HCD Comments
B. City ofChula Vista 2005-2010 Housing Element Update
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5047 . FAX (619) 476-5310
ATTACHMENT A
CHULA VISTA RESPONSE TO HCD COMPLIANCE LETTER
A. Housing Needs, Resources and Constraints
(1). Determination of RHNA credited units since January 1, 2003.
This section refers to confirmation of actual affordability levels for units receiving RHNA
construction credit for the current RHNA Period. The revised Table, C-8, (former Table C-6)
on Page AC-32 provides footnotes indicating the actual source of the affordability data.
Data utilized to credit indicated affordable developments via actual sales prices/rental rates,
as indicated by recent sales/rental transactions. To determine affordability levels, the MFI
for Chula Vista was translated into actual affordable rents consistent with Table A-15 (Page
AA-27). Sources for these data included ApartmentRatings.com for current/historical rental
rates and FASTweb for sales prices.
(2). Housing Stock Conditions.
The City of Chula Vista's Code Enforcement Section of the Planning and Building
Department provided information related to Housing Stock Conditions. The City has a pro-
active code enforcement program focusing on apartment units and has compiled statistics
relative to the conditions of the housing stock and the estimated number of units in need of
repair or replacement and the actual average cost of improvements. A discussion of this in
provided in Section 2.4.5 of Appendix A (Pages AA-23 to AA-24).
(3). Sites Inventory.
Master Planned Communities:
Significant Revisions to Appendix C, Section 2.2.1 (Page AC-5 to AC-20) have been
provided to further illustrate the actual and planned development in eastern Chula Vista.
The Master Planned Communities Table C-2 has been revised to indicate the actual status
of entitlement, to provide clarification of the likelihood of development based upon proposed
affordability levels. The three levels of entitlement included are: (1) developments currently
being implemented (under construction); (2) projects with approved SPA Plans (legal zoning
entitlements), and; (3) projects with General Development Plans (first tier zoning
entitlements). To further clarify this analysis, the graphic representation of the SPA plans
has been included, which illustrates the layout, type and density of development in the SPA
areas. Each of the SPA plans provides specific detail relative to developable acreage and
approved densities. Table C-2 (Page AC-6) provides a summary of these entitlements and
Figures C-1 through C-10 (Pages AC-7 to AC-16) provides a graphic summary of the
Master Planned Communities.
Chula Vista Response to Housing Element Comments
Page 2
Sites that have affordability requirements (very-low, low- and moderate-income) in eastem
Chula Vista are indicated in new Figure C-11 (Page AC-19) and a summary table of these
sites, by afford ability level are shown in new Table C-3 (Page AC-18). The Table is
organized by the status of entitlement to further indicate the likelihood of construction during
the Housing Element planning period.
Analysis of Sites Inventory
Environmental Constraints - Revisions to 2.9.1 (Page AB-15) indicate that in eastern
Chula Vista, environmental impacts were a determining factor in designating those sites in
eastern Chula Vista as developable. The Multi-Species Conservation Program (MSCP)
provides the baseline analysis for determining those areas in eastern Chula Vista that can
accommodate residential development. Additionally, in western Chula Vista, the key focus
areas of change, generally incorporate the boundaries of the Urban Core Specific Plan. As
part of the Environmental Impact Analysis, a full constraints analysis was conducted,
environmentally sensitive sites mapped and specific actions to mitigate potential
environmental impacts, prior to development. Refer to Page AB-15 for specific text
revisions.
Realistic Capacity - Appendix C provides a detailed summary of the actual capacity of
identified sites through the inclusion of the actual SPA plans, providing the actual approved
density standards. For sites in western Chula Vista, a thorough analysis of sites included a
evaluation of the net development potential (as opposed to gross) based upon unique site
conditions, existing land uses and market trends. Section 2.2.2 of Appendix C (Pages AC-
20 to AC-30) provides a discussion of the methodology in determining the feasibility of these
sites.
Suitability of Non-Vacant Sites - A major component to the Housing Element is the re-use
and intensification of land use in western Chula Vista. As indicated in the updated General
Plan, adopted in December of 2005, focus areas of more intensive development have be
redesignated in significant portions of western Chula Vista. A thorough analysis of non-
vacant sites was conducted, as provided in the new Appendix J. The methodology for this
analysis is provided in the introduction of Appendix J. Additionally, market demand and the
availability of infrastructure was an additional indicator of suitability of these sites. A
discussion of these market factors is provided in Section 2.2.2 (Pages AC-20 to AC-27). It
should be noted that the infilllintensification analysis, as provided in Appendix J, was not
included to meet the City's RHNA need over the planning period since the future rezoning
within the Urban Core area would facilitate the RHNA obligations.
Zonina for a Variety of Housina Types
Emergency Shelters and Transitional Housing - Section 3.4.5 of Appendix A (Pages AA-
38 to AA-32) provides a more detailed analysis of Emergency Shelters and Transitional
Housing describing in detail the permit requirements, allowed zones for these facilities and
applicable discretionary review procedures.
Chula Vista Response to Housing Element Comments
Page 3
4. Analysis of Governmental Constraints
Land Use Controls - A more detailed discussion of development standards as they apply
to residential height standards, indicating the development review procedures do not create
an undue constraint to housing development. A thorough discussion of this issue is
provided in Section 2.1.2 of Appendix B (Page AB-5 to AB-6). Additionally an in-depth
discussion of the entitlement and design review procedures for residential development are
provided in Section 2.8 of Appendix B (Page AB-12 to AB-13)
Site Improvements - A discussion of the potential impacts of site improvement standards
are provided in Section 2.1.3 of Appendix B (Pages AB-6 to AB-7).
Local Processing and Permit Procedures - Section 2.8 of Appendix B (Pages AB-11 to
AB-13) provides a more detailed discussion of the actual permit procedures for residential
development. Additionally, Pages AB-5 and AB-6 provide discussion of conditionally
permitted residential uses in non~residential zones.
Constraints on Housing for Persons with Disabilities - Section 3.4.4 of Appendix A
(Pages AA-36 to AB-38) provides a more detailed discussion relative to constraints on
housing for persons with disabilities. This section describes current programs and
procedures relative to improving disabled access in residential developments.
Chula Vista Response to Housing Element Comments
Page 4
B. Housing Programs.
(1). Implementation Programs.
As indicated in the review letter, the programs identified in 8(1) have been revised to include
specific timelines for implementation and review. All continuing programs in Part II of the
Draft Housing Element indicating implementation timelines as "ongoing" have been revised
to provide annual review. Revisions to these programs are shown on pages H-54 through H-
86 of Part 11 of the Draft Housing Element.
(2). Actions to be taken to make sites available during the current period.
Appendix C, as revised, provides a more detailed analysis of available sites. As indicated in
the policy program of Part II, a major implementing mechanism is the adoption of the Urban
Core Specific Plan, which provides extensive intensification of the western portion of Chula
Vista. Additionally, the policy programs relating to rezoning in Part II provide date certain
implementation timelines. Appendix C, as revised, indicates the City has enough
development capacity to meet its RHNA obligations during the Housing Element planning
period. Refer to A(3) above for specific document references.
(3). Removal of Governmental Constraints.
As discussed in A(4) above, a more detailed analysis of constraints has been included in the
revised Draft Housing Element. As shown in this analysis, there are no observed
governmental constraints that have a negative impact on housing production. Refer to
document revisions indicated in A(4), above.
(4). Housing Programs - Equal Opportunity.
Pursuant to HCD's request, Housing Element Part II, Program 8.1.2 (Page H-85) has been
revised to provide more specific language to encourage community-wide access to fair
housing education and counseling.
Chula Vista Response to Housing Element Comments
Page 5
C. Low-and Moderate-Income Housing in the Coastal Zone.
The City of Chula Vista has no housing development currently within the Coastal Zone.
Therefore, no additional analysis is necessary. Text discussion of this is provided in Section
4.7 on Page AC-48/
D. Redevelopment Funds.
The Housing Element provides a new table C-18 (Page AC-47) , which details the City's
anticipated Redevelopment Agency Funding anticipated over the Housing Element Planning
Period. As contained in the Redevelopment Agency's 5-year Redevelopment
Implementation Plan, a discussion of the types of eligible development and the amount of
funding anticipated is included on Page AC-47.
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ATTACHMENT 5: Redlined Pages from Previous Draft
(On file in the Community Development Department and provided to the
Planning Commission under separate cover on September 6, 2006)